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First Look Studios, Inc.
2000 Avenue of the Stars
Suite 410
Century City, CA 90067
Phone: (424) 202-5075
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This Web site is operated by First Look Studios, Inc. and/or its
subsidiary companies in the United States of America (collectively, "FLS").
This privacy policy ("Privacy Policy") applies to information that you provide
to FLS via this site, and/or by use of other services (collectively, the
"Services") that may be provided by other means or media, including as set
forth below and as defined in the applicable Terms of Service or other terms.
This Privacy Policy is intended to provide you notice of FLS' information
management practices, including the types of information gathered, how it is
used and safeguarded, and the degree to which you may control the maintenance
and sharing of your information. Your use of any FLS Service or Web site
constitutes acceptance of this Privacy Policy and any other applicable terms.
The Terms of
Service for this Web site are hereby incorporated by reference.
Personally Identifiable Information That We
Collect
FLS respects your privacy and is committed to protecting personally
identifiable information that you provide in connection with your use of its
Web sites and Services.
E-mail Newsletter Subscriptions
To subscribe to our e-mail newsletters, you will need to provide your e-mail
address. You may also be asked for other information when you subscribe.
User Accounts
In order to use our chat rooms, message boards, and certain other Services, you
will need to register and create a user account ("User Account"). There is no
cost to create a User Account in most cases. You may be asked to choose a user
name, screen name, or member name (each, a "User Name") and password. Please do
not use your real name or the real name of another person when selecting a User
Name. You will also be asked to provide certain personally identifiable
information and other information about yourself, such as your first and last
name, date of birth, address, telephone number, and e-mail address.
Please note that your User Name will be available to the Internet's general
public while you participate in some Services, like chat rooms or message
boards, so you should exercise discretion when using these Services. This
Privacy Policy does not apply to any information you may disclose publicly in
such Services. In some instances, you may choose to create a "Public Profile"
that will be available to others on the Internet. Public Profiles are managed
entirely by you, and you are solely responsible for your Public Profile's
content and its "public" or "private" status. You are also responsible for
maintaining and updating the registration information in your User Account with
current and complete information. You may access, edit or remove your Public
Profile by signing in to your User Account and following the directions there.
You can also send an e-mail to firstlookprivacy@firstlookstudios.com
to request deactivation of your User Account.
Special Promotions and Purchases
To participate in some Services such as sweepstakes, contests and surveys
("Special Promotions"), or to make online purchases ("Purchases"), you will
need to provide personally identifiable information, such as name, mailing
address, e-mail address, phone number, and date of birth. Your information may
be collected by FLS or by a third party, such as a co-sponsor or a vendor
involved in, or providing services in connection with, a Special Promotion, or
an e-commerce partner in the case of a Purchase (e.g.,
www.firstlookstudios.com or www.yahoo.com).
If you make a Purchase or enter a sweepstakes or other Special Promotion on one
of our sites or through our Services, FLS will collect your personally
identifiable information, and you are deemed to consent to us providing your
information to third parties who provide certain services such as processing of
credit card transactions, customer service, promotion or sweepstakes
administration, order fulfillment and/or prize delivery, as applicable. (As
more fully described below in Use, Disclosure, and Sharing of Information -
Personally Identifiable Information, these third parties are prohibited from
using this information for their own marketing purposes and/or from sharing,
selling, or otherwise distributing any personal data of our customers, unless
you choose to opt in for such additional uses and/or disclosure by the third
parties, under their respective privacy policies.)
If you make a purchase or enter a promotion (such as a sweepstakes) in which
FLS is participating on a third party's Web site (or through some other means
or medium), we will collect your information from the third party only if you
opt-in to receive additional communications from us, or we are required to
fulfill some function in relation to your activity (e.g., to send your order or
deliver a prize).
Information Collected by Other Means or Media
In some situations, we may also collect personally identifiable information and
other information about you through other means, directly or indirectly. For
example, if you access any FLS content, or purchase such content via your
wireless carrier or through another third party, FLS may collect information
directly from you or through the third party. Likewise, if you use our
software, or provide information to other companies who share information about
their customers, we may collect additional information about you. In each of
these cases, FLS will apply this policy to any personally identifiable
information.
Information About Other People
Some FLS sites and Services may ask you to submit personally identifiable
information about other people. For example, you might submit a person's name
and other personally identifiable information if you purchase a gift and want
to have it sent directly to the recipient. A record of that transaction will be
maintained as allowed and/or required by law.
Customer Service
Some Services may offer support and technical assistance through customer
service centers via telephone, online chat, or e-mail. Whenever you communicate
with customer service, you do so with the understanding that an operator may
view and make changes to the information in your User Account in order to
provide the assistance that you need.
Non-Personally Identifiable Information That We
Collect
As part of the registration process for some Services, you may be asked to
provide information that does not personally identify you. For example, you may
be asked to provide information concerning your film, music or other
entertainment preferences, purchasing habits, and the like. This information is
generally optional but may be included in your User Account profile. FLS
requests this information to understand you better and to also bring to your
attention new services, programs, or offers that may be of interest to you.
In many cases, FLS will automatically collect certain non-personally
identifiable information about your use of its sites and Services. FLS might
collect, among other things, information concerning the type of Internet
browser or computer operating system you are using, the domain name of your
Internet service provider, your "click path" through the FLS sites or
"click-through" from an e-mail, the Web site or advertisement that was linked
to or from the FLS site when you visited, and your IP address. To do this, FLS
may use cookies and other technology (see below). If you are using our wireless
Services, we may also automatically collect information such as the type of
wireless device you are using, your mobile identification number (assigned by
your telecommunications carrier) and telecommunications carrier. Your use of
our Web sites and Services, and information provided through these
technologies, will be anonymous unless you provide us with personally
identifiable information or have provided such information in the past.
Cookies and Related Technology
FLS Web sites, and some Services and advertisements may contain "cookies,"
clear gifs (also known as web beacons or web bugs), or similar technology. A
cookie is a piece of data that is sent to your Internet browser, which will
store the cookie on your computer if your browser is enabled to accept cookies.
Web beacons assist in the delivery of cookies and the collection of
non-personally identifiable information, such as "click path" and other data as
described above.
FLS uses cookies, clear gifs, frames, server log analysis and other
technologies as they are developed to customize your experience with our sites
and Services.
Most Internet browsers will allow you to erase cookies from your computer hard
drive, block acceptance of cookies, or receive a warning before a cookie is
stored. You should refer to your browser instructions or "Help" screen to learn
more about how to manage cookies. Please note, however, that if you block
cookies, some portions of the FLS Web sites and Services may not function
properly.
FLS does not control cookies in third party ads, and visitors are encouraged to
check the privacy policies of advertisers and/or ad services to learn about
their use of cookies and other technology. The ads appearing on our Web sites
may be delivered to you by third-party advertising companies. FLS' Privacy
Policy does not cover the use of information collected from you by third party
ad servers. These companies may use information (not including your name,
address, e-mail address or telephone number) about your visits to this and
other Web sites in order to provide advertisements on this site and other sites
about goods and services that may be of interest to you. If you would like more
information about this practice and to know your choices about not having this
information used by these companies, please
click here.
Special Notice Regarding Children Under 13
FLS recognizes the sensitivity of personally identifiable information
concerning children under the age of 13 and therefore provides this special
notice. FLS is committed to complying with all applicable laws and regulations
regarding children, including the Children's Online Privacy Protection Act
("COPPA"). Except in limited circumstances allowed by COPPA, FLS will not
knowingly collect, maintain, or disclose any personally identifiable
information from a child under 13 without first obtaining consent from that
child's parent or legal guardian.
If you are the parent or guardian of a child under 13, and your child would
like to participate in certain Services for which COPPA requires your consent
(and FLS has chosen to make such Services available to children in this age
group), your child will be prompted to print out a form for you to complete and
mail in to FLS. The form will list the information required from the
parent/guardian and child, as well as the intended uses of the information. FLS
will only collect information that is reasonably necessary for your child to
participate, and FLS will not share your child's personally identifiable
information with any third party (except for purposes of fulfillment by a third
party that has agreed to protect the information in accordance with this
Privacy Policy), unless you specifically consent, or as permitted by COPPA or
other applicable law. You may also subsequently revoke your consent and request
that your child's information be removed from FLS' active list. Please refer to
the form for instructions and further information.
If you are a parent or guardian who has discovered that your child under the
age of 13 has submitted his or her personally identifiable information without
your permission or consent, FLS will make reasonable efforts to remove the
information from its active list, at your request. To request the removal of
your child's information, please send an e-mail to
FirstLookPrivacy@FirstLookStudios.com and be sure to include in your
message the same Use Name and password and/or e-mail address that your child
submitted.
FLS encourages parents and guardians to spend time online with their children
to become familiar with the types of content available on the FLS Web sites and
the Internet generally.
Use, Disclosure, and
Sharing of Information
Non-Personally Identifiable Information
From time to time, FLS may use and share with third parties aggregate,
non-personally identifiable user information to show general demographic and
preference information among users of the FLS Web sites.
Personally Identifiable Information
FLS uses information about you to deliver the Services that you request, to
keep you informed about changes affecting our Services or your account, to
inform you of other Services or offers in which you might be interested, and to
improve and enhance our sites and Services. If you provide FLS with personally
identifiable information, we will take all reasonable and appropriate steps to
protect it from unauthorized disclosure.
If you opt in to receive e-mail from us, you can always opt out of future
marketing messages by following the directions in each message to
"unsubscribe." However, if you choose to opt out of marketing messages, we
reserve the right to contact you regarding your account status, technical
support, product information, changes to account terms, and any other matter
that might affect our service to you and/or any products you purchased from us
or registered with us, as applicable.
As stated in the Terms of Service, you will be deemed to have consented to the
disclosure to, and use by, a subsequent owner or operator of a FLS Web site or
Service, of any information about you contained in the applicable FLS database,
if FLS or one of its companies assigns its rights and obligations regarding any
of your information at the time of a merger, acquisition, or sale of all or
substantially all of FLS' or such FLS company's assets related to the
applicable site or Service to a subsequent owner or operator. In the event of
such a merger, acquisition, or sale, your continued use of the site or any
related Service signifies your agreement to be bound by the Terms of Service
and Privacy Policy of the site's or Service's subsequent owner or operator.
The FLS companies may work together in order to provide portions of the FLS
sites and some Services (e.g., to fulfill prizes won in a sweepstakes, or to
provide other support for a Service). These companies will handle your
personally identifiable information in accordance with this Privacy Policy.
As stated above in Personally Identifiable Information That We
Collect - Special Promotions and Purchases, FLS
may also work with third parties to provide some Services on our sites. In
connection with those Services, you are deemed to consent to us sharing your
information with third parties who provide services such as processing of
credit card transactions, customer service, promotion administration, order
fulfillment and/or prize delivery, as applicable. Third parties who provide, or
participate in, Services on FLS sites are prohibited from using our customers'
personally identifiable information for marketing purposes and/or from sharing,
selling, or otherwise using such information, unless you choose to opt in to
marketing, sharing, or other uses by the third parties.
If you do not want your information to be used for marketing (or other purposes
unrelated to the provision of FLS Services) by a third party who participates
in a Service on one of our sites, do not opt in to such use by that third party
when you register to participate in the Service.
Please note that whenever you opt in to receive future communications from a
third party, your information will be subject to the third party's privacy
policy. If you later decide that you do not want that third party to use your
information, you will need to contact the third party directly, as we have no
control over how third parties use information. You should always review the
privacy policy of any party that collects your information to determine how
that entity will handle your information.
FLS will not share, sell, rent, or disclose any personally identifiable
information that we have collected except as stated herein, or in the following
instances: 1) we have been given your consent to disclose; 2) we have
previously informed you of the disclosure, including by means of our Privacy
Policy or on the Web site, or through the Service where you provided your
information; 3) we are required by law, legal process, or court order to
disclose; 4) disclosure is necessary to identify, contact, or bring legal
action against someone who may cause or be causing harm to, or interference
with, FLS' rights or property, other FLS Web site users, or anyone else; or 5)
to respond to an inquiry, request or complaint that you have made. FLS may also
use IP addresses in cooperation with Internet service providers to identify
users if we deem it necessary to comply with law, to enforce compliance with
this Privacy Policy or our Terms of Service, or to protect our sites,
customers, or others.
Our Commitment to Data Security
While FLS takes reasonable and appropriate precautions to protect your
personally identifiable information from unauthorized disclosure and to prevent
possible security breaches in our Web sites, Services, and customer databases,
no Web site, Internet transmission, computer system, or wireless connection is
completely secure. Consequently, FLS cannot guarantee that unauthorized access,
hacking, data loss, or other breaches will never occur. Your use of the FLS
sites and Services is at your own risk. FLS urges you to take steps to keep
your information safe by memorizing your password or keeping it in a safe place
(separate from your account information), logging out of your User Account, and
closing your Web browser.
Hyperlinks To and From Other Sites
FLS sites may frame, and/or contain links to, or advertisements about, non-FLS
Web sites. Other sites may also reference, advertise, or link to FLS sites. FLS
does not endorse or sponsor other Web sites, is not responsible for the privacy
practices or the content of non-FLS sites, expressly disclaims any statements
or assertions made on such Web sites, and denies all liability associated with
your use of, and the content on, such other sites and advertisements.
Consent to Processing in the United States
By providing any personally identifiable information to FLS, all users,
including, without limitation, users in the member states of the European
Union, fully understand and unambiguously consent to this Privacy Policy and to
the collection, storage, and processing of such information in the United
States of America.
Contact Us Regarding Privacy
FLS is dedicated to protecting your personally identifiable information and
welcomes comments and questions on this Privacy Policy. You may e-mail your
questions or comments to:
FirstLookPrivacy@firstlookstudios.com
Notification of Changes
FLS reserves the right to change this Privacy Policy and its Terms of Service
at any time. In case of any material change to the Privacy Policy, we will
replace the "Privacy Policy" link on the home page of our sites with a link
entitled "Updated Privacy Policy" for no less than 30 days. All changes to the
Privacy Policy and/or Terms of Service will be effective when posted, and your
continued use of any FLS site or Service after the posting will constitute
acceptance of, and agreement to be bound by, those changes.
Effective Date: January 1, 2006
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